Interpretation ID: 1985-04.17
TYPE: INTERPRETATION-NHTSA
DATE: 11/07/85
FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA
TO: Norman Friberg, P.E. -- Manager, Product Compliance, Volvo Cars of North America
TITLE: FMVSS INTERPRETATION
TEXT:
Norman Friberg, P.E. Manager, Product Compliance Volvo Cars of North America Rockleigh, NJ 07647
This is to acknowledge receipt of your petition dated June 27, 1985, for a determination that a noncompliance with Motor Vehicle Safety Standard No. 110 is inconsequential as it relates to motor vehicle safety.
Paragraph S4.3 of the standard requires that a specified placard show the recommended tire size designation. Volvo has provided labels on approximately 3,200 passenger cars which show an incorrect recommended minimum tire size. Thus, these labels state "185/65R15" but the correct information is "185/70R14." However, Volvo intends to mail correct placards "to owners of all affected vehicles."
By providing the corrective placard, Volvo will remedy the noncompliance. Because the noncompliance will no longer exist, the question of whether it has a consequential relationship to safety is moot. The remaining question is the adequacy of the notification which Volvo will provide owners of the affected vehicles. Because the corrective action is such that it may be easily accomplished by the owner (affixing the gummed placard to the car), the agency has concluded that any deviation of the text of the notice from the requirements of 49 CFR Part 577 would be a technical violation only. Therefore, NHTSA does not intend to seek renotice or civil penalties for such a violation. Consequently, the agency intends no further action on your petition.
The agency's conclusions apply to the facts of this case only and do not necessarily represent the agency's posture in future cases involving forms of notification other than specified by Part 577, for noncompliances.
Our records indicate that Volvo is in technical noncompliance with 49 CFR Part 575, Defect and Noncompliance Reports, by failing to file a report within 5 days of its determination of the existence of the noncompliances. We will, however, treat the submission of information in your petition as a Part 575 report. Part 575 also requires 6 quarterly reports on the progress of recall campaigns. In your situation, the campaign will be accomplished in a single mailing. We ask that you furnish the agency with a report of the number of letters sent and the number of letters returned as undeliverable in lieu of the Part 575 quarterly reports.
Sincerely, Erika Z. Jones Chief Counsel
June 27, 1985
CERTIFIED MAIL
Hon. Diane Steed, Administrator National Highway Traffic Safety Administration 400 Seventh Street Washington, D. C. 20590
Dear Ms. Steed:
Re: Petition For Inconsequential Non-Compliance
In accordance with the provisions of 49 CFR S556, Volvo submits herein a petition for exemption from the notification and remedy requirements of the Safety Act, on the grounds of that the the subject non-compliance is inconsequential as it relates to motor vehicle safety.
FULL NAME ADDRESS OF APPLICANT
Volvo North America Corporation Rockleigh, New Jersey 07637
a Delaware corporation
DESCRIPTION OF NON-COMPLIANCE
It has come to our attention that the tire information placard, as required by FMVSS No. 110 Sect. 4.3, installed on about 3,200 l985 model year Volvo 740 Turbo Diesel passenger cars, may contain the incorrect tire size designation.
The correct tire size designation for these vehicles is 185/70 R 14, whereas the labels read 185/65 R 15.
DATA AND VIEWS SUPPORTING PETITION
Volvo believes this error to be inconsequential because the other information regarding these tires, vehicle capacity weight and inflation pressure, are the same for both tire types. Thus, an owner could not inadvertently overload his vehicle as long as he did not exceed the weight shown on the existing placard.
If an owner were to attempt to mount a 185/65 R 15 tire on the 14-inch rim supplied with the car, he would find it to be impossible, and a quick check of the other tires on the car would show that a 13-inch tire is required.
Even in the unlikely event that an owner mounted a 15-inch tire and rim in one or more locations on the vehicle, it would not result in any significant adverse vehicle characteristics since the rolling radii of the two tire sizes are very close to each other, differing only by approximately 1.1%.
We request your earliest possible decision on this matter. In the meantime, Volvo intends to send correct tire pressure placards to owners of all affected vehicles. -
Please have your staff contact me if you have any questions regarding this petition.
Sincerely yours, Product Planning & Development Norman Friberg, P.E. Manager, Product Compliance NF: cmr cc: B. Holthe W. Shapiro P-O Beiring S. Bengtson G. Leoj R. Mercer
July 10, 1985 Hon. Diane Steed, Administrator National Highway Traffic Safety Administration 400 Seventh Street, S.W. Washington, D.C. 20590
Re: Petition for Inconsequential Non-Compliance Clarification
Dear Ms. Steed:
This is to supplement my letter of June 27, in which we requested exemption under 49 CFR S 556 on the basis of inconsequential non-compliance.
Please be advised that, as stated in page 2 of the letter, a tire placard (reference FMVSS No. 110 S4.3) containing correct tire size information will be sent to all owners of record of affected vehicles. This label will be of the peel-off, adhesive type. Instructions for affixing this label in place of the original label will be included.
We trust that this will serve to clarify our intent in this matter. Sincerely yours, VOLVO CARS Of NORTH AMERICA Product Planning & Development Norman Friberg, P.E. Manager, Product Compliance NF:jy cc: P.O. Beiring S. Bengtson